HomeMy WebLinkAboutC-2095 - Sale of water outside CityE
CITY OF NEWPORT BEACH
UTILITIES DEPARTMENT
TO: CITY CLERK
FROM: Utilities Director
SUBJECT: ANNUAL WATER CONTRACTS
September 30, 1980
The enclosed contracts to serve water outside the City
have been executed in duplicate by each of the following:
Di iprwazrD
1. Armstrong Petroleum Corporation C -2094
2. Mobil Dil Corporation, C -2194
3. William L. Pereira Associates, C -2093
Following execution by the Mayor and City Clerk in behalf
of the City, please return one copy of each contract to this
department for forwarding to the respective purchasers.
The Pacific Telephone and Telegraph Company has not yet returned
their contract. Jack Beckwith will follow up and advise.
osep�T. Devlin
tilit' Director
JTD:bc
ACC"
RESOLUTION NO. 9792
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT TO SERVE
WATER OUTSIDE THE CITY TO PACIFIC TELEPHONE
AND TELEGRAPH COMPANY
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain contract between the
City of Newport Beach and Pacific Telephone and Telegraph Company,
as Purchaser, wherein the City agrees to sell water outside the
City to said Purchaser; and
WHEREAS, the City Council has reviewed the terms and
conditions of said contract and finds them to be satisfactory
and that it would be in the best interest of the City to authorize
the Mayor and City Clerk to execute said contract,
NOW, THEREFORE, BE IT RESOLVED that the water contract
between the City of Newport Beacn and said Purchaser, with a
term from July 1, 1980, through June 30, 1981, both dates inclu-
sive, is approved, and the Mayor and City Clerk are hereby autho-
rized and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 9th day of June , 1980.
Mayor Pro Tem
ATTEST%
City Clerk
kv
6/4/80
TO: CITY COUNCIL
FROM: Utilities Department
SUBJECT: SALE OF WATER OUTSIDE OF CITY
RECOMMENDATIONS:
0
June 9, 1980
CITY COUNCIL AGENDA
ITEM NO. H -2 (b,c,d,e)
Adopt resolutions authorizing the sale of water outside the
City for the 1980 -81 fiscal year to the following customers:
Ca�q`/1. Armstrong Petroleum Corp.
C,11,?12. Mobil Oil Corp. C)7'>,-3 y;✓ 1 %r......,. i� CE1_: <:C-2
c-;o47.1'3. Pacific Telephone and Telegraph Company q'2�
L- �?o934. William L. Pereira Associates �7-2y
DISCUSSION:
Section 14.04.150 of the Municipal Code provides that the City
may sell water to consumers outside the City but within the boundaries
of either the Coastal Municipal Water District or Orange County Municipal
Water District. The water must be sold under contracts which may not
continue for longer than one year. Each contract may be cancelled by the
City upon 10 days' notice. The rates are the same as for water used inside
the City.
The consumers listed above have been served by the City's water
system for many years. The two oil companies are located in the Banning
oil field adjacent to Newport Shores. Both Pacific Telephone and William L.
Pereira are located in the City of Irvine at the northeast corner of Mac-
Arthur Blvd. and Ford Road (Urbanus Square).
sep Devlin
ilitfes Director
JTD:bc
0
June 25, 1979
Utiities Dept.
Water Contracts
Attached are copies of contracts to serve water outside the City.
adopted on May 29, 1979 by Resolution Nos. 9557, 95.58, 9559 and
9560.
WATER CONTRACT
THIS CONTRACT, made and entered into this .4U
day of z� K Y , 1/717y, by and between the CITY OF
Ii �T
NEWPORT BEACH, a municipal corporation, hereinafter referred
to as "City ", and PACIFIC TELEPHONE AND TELEGRAPH COMPANY
hereinafter referred to as "Purchaser ";
W I T N E S S E T H:
WHEREAS, City has water in excess of that necessary
to supply the inhabitants of City and others to whom the City
has an obligation to supply water; and
WHEREAS, Section 14.04.170 of the Newport Beach
Municipal Code provides that the City may sell such excess water
outside the City on a month -to -month basis or by contract, with
reference hereby made to said Section for further particulars
and the conditions under which this contract is made; and
WHEREAS, Purchaser desires to purchase excess water
for use outside the City of Newport Beach;
NOW, THEREFORE, IN CONSIDERATION of their mutual
promises and in consideration of the City's furnishing water,
the parties agree as follows:
1. The term of this contract shall be from July 1,
1979, through June 30, 1980 , both dates inclusive.
2. Purchaser agrees to pay a readiness to serve charge
and water rates as set out in Sections 14.12.040 and 14.12.090,
respectively, of the Newport Beach Municipal Code as they now
exist or may during the term hereof be amended. Payments for
the water used are to be made bimonthly at the time and in the
manner provided by the Newport Beach Municipal Code and the
rules and regulations of the City.
3. Purchaser will at all times comply with all
present rules and regulations of the City pertaining to the
furnishing of water and such further rules and regulations
pertaining thereto as may be prescribed from time to time during
the term hereof.
4. The water sold hereunder is sold only as excess
water and is sold in accordance with and subject to the provisions
of the Newport Beach Municipal Code, and particularly Sections
14.04.170, 14.04.190, and 14.04.200 thereof, which are hereby
incorporated and made a part hereof by reference. The City
Council may declare at any time during the term of this contract
that the City has not sufficient excess water to sell, and may
thereupon terminate this contract by giving ten (10) days'
written notice to that effect to Purchaser.
5. None of the provisions of this contract shall
mean or be construed to mean that City is required to sell its
excess water to Purchaser or otherwise, or that such water
once furnished shall continue to be furnished. It is understood
and agreed that the water to be furnished hereunder shall be
furnished only during such time as the City Council may in its
judgment believe that the furnishing will not impair an adequate
supply for use within the City. Purchaser hereby waives all
claims and agrees to indemnify and hold City harmless from all
claims, demands, or actions, except for the sole negligence or
wilful misconduct of City, that may result directly or indirectly
from the service of water or from said service being discontinued
or interrupted for any reason during the term or at the end of
this contract.
-2-
6. Special conditions:
L]
(If none, so state.)
IN WITNESS WHEREOF, the City of Newport Beach has
by Resolution of the City Council on the 29th day of
May 1 1979 , authorized and directed
its corporate name to be signed and its corporate seal to be
affixed by the Mayor and City Clerk, respectively, of the City,
and Purchaser has executed this contract as of the day and
year first above written.
CITY OF NEWPORT BEACH
By
V Mayor L/
ATTEST:
City Clerk
CITY
PACIFIC TELEPHONE AND TELEGRAPH COMPANY
By
APPROVED AS TO FORM:
Title: District Engineer
AA-111'
-City Attorney/ By
Title:
PURCHASER
RESOLUTION NO. 9560
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT TO SERVE
WATER OUTSIDE THE CITY TO PACIFIC TELEPHONE
AND TELEGRAPH COMPANY
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain contract between the
City of Newport Beach and Pacific Telephone and Telegraph Company,
as Purchaser, wherein the City agrees to sell water outside the
City to said Purchaser; and
WHEREAS, the City Council has reviewed the terms and
conditions of said contract and finds them to be satisfactory
and that it would be in the best interest of the City to authorize
the Mayor and City Clerk to execute said contract,
NOW, THEREFORE, BE IT RESOLVED that the water contract
between the City of Newport Beach and said Purchaser, with a
term from July 1, 1979, through June 30, 1980, both dates
inclusive, is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the
City of Newport Beach.
ADOPTED this 29th day of May , 1979.
ATTEST:
City Clerk
DDO /kb
5/18/79